POACHED EGGS: THE MISCLASSIFICATION OF EGG DONORS AS INDEPENDENT CONTRACTORS AND HOW EGG DONORS CAN CONTRIBUTE TO THE ARGUMENT FOR A NEW CATEGORY OF WORKER--THE DEPENDENT CONTRACTOR.

As the growth in demand for egg donors is met with an increasing number of women willing to supply their eggs, changes need to be made to the way egg donors, and other similarly situated workers, are classified in the employment context. Most donor contracts are employer- created forms that designate the donors as independent contractors and thus spare the clinic the duty of providing employment benefits. Unlike other on-demand service providers, such as Uber-drivers, that have recently sought re-classification as employees, women who donate eggs are subject to physically invasive procedures and long-term health risks that particularly obviate the need for the protections granted employees. This Note begins by using the current tests available to employers in determining worker classification to show that even under the current framework, egg donors are employees. Further, this Note uses the unique platform of egg donors, women who provide an important short-term service at the cost of long-term health risks, to push for a change in the current classification system. Specifically, it suggests the creation of a new category--the dependent contractor--to accommodate the growing on-demand workforce while not crippling the business models that allow for the on-demand company's survival. [ABSTRACT FROM AUTHOR]